Witness Preparation

There is nothing more important than the truth told well. At Tsongas, the goal is to help witnesses become more competent and confident in a realm traditionally dominated by the attorney. Working with you, Tsongas consultants use experience, methodology, audiovisual technology, and their expert knowledge of communication to help each witness be the best they can be.

Witness preparation process:

Work with the witness to develop themes and anchors to employ while testifying

Help the witness learn how to emphasize their strengths, while minimizing their weaknesses

Concentrate on the dynamic relationship between what a witness says, how he/she sounds to others, and how he/she present themselves

Educate the witness about various questioning techniques often utilized by opposing counsel to confuse the witness or damage their credibility

Preview the effectiveness of demonstrative exhibits for supporting clear and persuasive testimony

Customized witness prep

Preparation for giving deposition testimony differs in important respects from preparation for testifying at trial. At trial, the goal is to persuade the jury. For deposition, the goal is to avoid creating a record of prior inconsistent testimony and to demonstrate to opposing counsel the strength of the witness’ testimony. With judicious use of videotaping, the witness’ communication patterns are identified and an evaluation made of both effective and ineffective patterns. By concentrating on the witness’ communication strengths rather than just the weaknesses, and on the purpose for which the testimony is to be given, it is possible to enhance a witness’ ability to testify more effectively.

The role of counsel

The witness must be prepared substantively by counsel before the preparation session so that the consultant can focus on the witness’ communication skills. Counsel should be prepared to examine the witness on critical areas appropriate to the situation: direct, cross, or adverse testimony. Any documents or visuals to be used by the witness should be available for the session. If possible, it is preferable to have another lawyer conduct the examination of opposing counsel.

Typically, a witness preparation assignment can be completed in one 4-8 hour session. It is most effective when completed in the week prior to testifying. For witnesses with especially difficult communication problems, two sessions may be needed.

Claudette Wilson
Wilson Turner Kosmo LLP, San Diego, California

I recently used Tsongas jury consulting to assist in witness preparation and jury selection for a trial in downtown Los Angeles. They immediately made themselves available and worked with our schedule, despite hurdles, including expanding their initial time commitment to add a couple of witnesses who needed more assistance than initially anticipated. The primary benefit of their work was the significant increase in...

I recently used Tsongas jury consulting to assist in witness preparation and jury selection for a trial in downtown Los Angeles. They immediately made themselves available and worked with our schedule, despite hurdles, including expanding their initial time commitment to add a couple of witnesses who needed more assistance than initially anticipated. The primary benefit of their work was the significant increase in the witnesses’ self-confidence and comfort with the examination process. Their knowledge of course did not change, but their ability to effectively convey that knowledge to the jury changed significantly, and they were no longer intimidated by the process. The help with jury selection, especially where the judge requested voir dire of all 36 prospective jurors at once, was also very valuable. They know the ins and outs of the jury selection process and the LA jury pool very well.

My colleagues and I have worked with Tsongas on theme development, jury selection, witness preparation, openings and closings in multiple…

My colleagues and I have worked with Tsongas on theme development, jury selection, witness preparation, openings and closings in multiple product liability (prescription drug) cases. Their insight has been invaluable in helping us shape an effective story and selecting the best juries possible. They provide concrete suggestions and feedback in an efficient manner. For all these reasons, they quickly became an integral part of our team. We are better advocates because of their guidance. I recommend them to anyone needing this type of jury consulting, and I look forward to working with them for many years to come.

"I and others at my firm have worked with Tsongas trial consultants for years. We recently engaged Tsongas in a…

“I and others at my firm have worked with Tsongas trial consultants for years. We recently engaged Tsongas in a highly challenging and complex commercial case that was ultimately tried over 5 weeks in federal court. The Tsongas consultants provided valuable input in assessing the case strengths and weaknesses, crafting an appropriate story strategy, and developing a compelling opening statement. In addition, they also assisted us in jury selection, bringing a sound and scientific methodology to the process of evaluating potential jurors, and worked with us in preparing one of our key trial witnesses. We recommend them highly and look forward to working with them again.”